October 12, 2023

Breaking the Barrier: How Experienced STEM Professionals Can Immigrate to the US Without a Job Offer

Are you a skilled STEM professional looking to make a move to the United States – but feeling discouraged by the daunting task of having to secure a job offer first?

Have no fear. There’s a way to break through this barrier and make your dream a reality.

Traditionally, there are a few basic ways to obtain legal permanent residency (also known as a green card) in the US. This can be done by going through family members who are already citizens or permanent residents, or by coming to the US on a temporary work visa and applying for permanent residency later down the line.

Unfortunately, both of these take time, and require either personal or professional connections to make them happen. In the US, there’s a high demand for skilled workers in STEM fields.

These industries are critical for economic growth and innovation, and many companies are actively seeking out talent from around the world. That talent often faces a roadblock in getting through the traditional immigration system.

In this case, there’s one option that might be well-suited for STEM professionals – the EB-2 National Interest Waiver. Basically, this allows individuals with advanced degrees or exceptional ability in certain fields (like STEM) to bypass the job offer requirement that’s typically necessary for other green card categories.

So what is the EB-2 National Interest Waiver, and how can you go about the process of qualifying for a waiver? We’ll take a closer look at the process in this post.

The Usual Route: Employer Sponsorship for a Green Card

More often than not, aspiring immigrants apply for a green card to the US through employer sponsorship. This involves finding a job offer from a sponsor employer in the US that is willing to petition the government for a permanent residency.

After the employer receives approval, you can then apply for a green card.

The biggest downside of this method is that it relies heavily on the employer. Job opportunities are limited, and the wait times can be longer than expected. Employers have to show that there are no qualified US workers available to fill the job. They must go through the PERM Labor Certification process, which is lengthy in and of itself (it can take up to a year).

To apply for and receive a green card, it can then take another year or more.

And that’s not the only disadvantage of this classic path. If you’re unhappy with your job or your employer, you may feel obligated to stick things out due to the need for a visa. This can ultimately lead to job dissatisfaction and a decrease in work productivity – not great for you or your employer.

As you can see, there’s a need for alternative methods for experienced STEM professionals to immigrate to the US – without having to rely on a job offer.

Enter: the EB-2 National Interest Waiver.

What is the EB-2 National Interest Waiver?

The EB-2 National Interest Waiver is a good solution for STEM professionals who wish to immigrate to the US. To be eligible, you must have a bachelor’s degree and at least five years of work experience.

You can also qualify with a master’s degree or higher or “exceptional ability” (this latter qualification can be somewhat subjective, but generally means that you are significantly above average in your profession)

In addition, you must demonstrate that the work you’ll be doing significantly benefits the country as a whole – and is in its “national interest”.

One of the major benefits of the NIW is that it allows you to sidestep the need for a U.S. employer to sponsor you, which can be a big advantage if you don’t already have a job offer. It also typically has a faster processing time than traditional employment-based green cards, and can often be approved in as little as a few months.

Why STEM Professions are Ideal for NIW Cases

STEM professionals are ideal for the National Interest Waiver case type because the American government recognizes the critical importance of key science and tech fields for advancing our country’s interests.

Take the entrepreneur in fintech and payment systems, for instance. By bringing innovative financial technology to the U.S., they were able to demonstrate the national interest in granting them a waiver of the job offer requirement for their EB-2 visa.

Or how about the postdoctoral fellow working on machine learning and cancer research? By conducting cutting-edge research in a field with clear benefits for public health, they were able to secure their place in the U.S. as a valuable contributor to our scientific community.

But STEM professions aren’t just limited to tech and health – engineers in renewable energy and oil & gas also have a  strong case for NIW. By helping to develop sustainable energy sources or improve our country’s energy independence, these professionals make a significant contribution to our national interests.

Finally, we can’t forget about researchers in life sciences, computer science, AI, machine learning, and other tech fields. With breakthrough discoveries and advances in technology, these individuals help keep the U.S. at the forefront of innovation and progress.

How to Get Started with NIW

To get started with the NIW, the best advice is to contact an experienced immigration attorney. That’s where Lindpere Legal comes in. We’re a team of experienced immigration attorneys, and we can help you get started on your NIW application right away.

We offer a free consultation that will help you determine if you qualify for NIW, and, if you do, what steps you need to take next. We have extensive experience in handling NIW cases for professionals in various fields, especially those working in the Critical and Emerging Technologies list.

Get in touch today – it’s time to break the barrier and start your new life in the land of opportunity.